Membership

Terms & Conditions of Membership

Date these terms and conditions were revised: 1st May 2018

These terms and conditions govern the relationship between the National Landlords Association Ltd and The Landlords Association Ltd (“NLA”, “we”, “us”, “our”) and you as a member (“you”, “your”) and form a legally binding contract. Under this contract, in return for your membership fee, we will provide you with a number of benefits, including access to our services and those we offer with our partner organisations plus discounts from time to time.

Please read these terms and conditions (including the documents below) carefully before you apply to become a Member. If you do not agree to abide by all these terms and conditions, you may not become a Member:

Collectively, these documents form the whole contract between you and us.

About the NLA

The National Landlords Association (NLA) is a joint-venture of National Landlords Association Ltd (registered in England under number 4601987) and The Landlords Association Ltd (“TLA” registered in England under number 4336449). The registered offices for both of these not-for-profit companies limited by guarantee is at Skyline House, 2nd Floor, 200 Union St, London SE1 0LX.

The NLA is the leading membership organisation which represents and supports private residential landlords in the UK; all written and oral advice provided in our publications and through our services (including via the telephone advice line) is given in good faith and aimed at those letting, not necessary renting, private residential accommodation in the UK. The NLA, its officers or employees cannot be held responsible for any adverse effects or consequential losses following the provision of advice and information given in good faith.

The NLA is committed to acting in the best collective interests of our membership and the wider private rented sector.

Membership types

There are three membership types which you can choose from, more information is available in Appendix 1 below, these are as follows:

Individual Membership - This membership is for individuals only aged 18 years or older

Family Membership - This membership is for one lead individual plus up to 2 further named individuals who are aged 18 years or older

Business Membership - This membership is for one business plus up to 5 named individuals who are aged 18 years or older and WORKING in the business

These terms and conditions set out the conditions of your membership of NLA The rights and obligations you have under these terms and conditions are personal to you and not transferable to any other business and or person. They will cease when your membership ends, for whatever reason.

By becoming a member you agree:-

That you are aged 18 years or older

To comply with these terms and conditions at all times

To have fair, honest and open dealings with all third parties involved in the private rented sector

Not to do, or omit to do anything likely to bring NLA or its name into disrepute

Not to claim to represent NLA without prior written authorisation from us, except as permitted below

Membership benefits

Individual Members (and the lead account holder of Family or Business Members) receive the benefits set out in Appendix 1 (below) in return for your membership fee. Benefits of membership may be subject to change, addition, substitution, or subtraction at our discretion. You are also entitled to:

Speak and vote on resolutions at members’ meetings (you also have the right to vote by proxy) in accordance with the consent of the chair.

As a member of NLA, you must commit to contributing a maximum of £5 to the assets of NLA in the unlikely event that the company is wound up as insolvent. You are also agreeing to comply with the provisions of our Articles of Association, which form a contract between NLA and its members. You can view the Rules of Association on our website or by requesting from us at membership@landlords.org.uk.

Our products and services

The NLA offers its members a range of useful products and services which include the following, the NLA reserves the right to change these from time to time:

Discounts - Your paid-up membership entitles you to discounts on many of the products and services we offer through our website or otherwise.

Services - Services provided to you by us or our partners are subject to separate terms and conditions available at the point of purchase.

Publications and other Products - When you purchase publications or other products via our website, the purchases you make may be governed by separate terms and conditions available at the point of purchase.

Courses, meetings and events - When you purchase courses from us or sign up for meetings or events, they are subject to separate terms and conditions available at the point of purchase.

When you submit your application (online, by post, telephone, in person or email) you agree to enter into a legally binding contract, subject to your acceptance by us as a member. We reserve the right to decline membership applications at our absolute discretion.

For applications made through our website, you will be automatically directed to an application confirmation page and receive an email acknowledgement. Acknowledgement that your application has been received and is being processed does not yet mean that the contract between us is formed.

For all applications, these terms and conditions will be binding on the date we send your welcome pack by electronic means (if you have provided us with a valid email address for you) or by post.

Membership fees and Term

Membership fees displayed on the application section of our website will prevail at all times for all categories of membership. The minimum membership term is for one calendar year even if you choose to pay monthly by direct debit.

We reserve the right to increase the price of membership fees on an annual basis (though no increases will apply where you have purchased a three or five-year membership fee until the renewal of your membership). You will be informed of any membership fee increase within your membership renewal notice.

Direct debits

If you are setting up your direct debit, your first annual payment or first payment on a monthly schedule will be taken from your account 17 (plus or minus 3) days after your direct debit mandate is returned to us. If paying monthly, your second and all subsequent payments will be taken monthly (within 3 days) from that date.

If you already have an annual direct debit agreement then payment is automatic through your bank or building society, beginning on the payment date shown on your membership renewal notice which will be sent to you prior to the anniversary of the date that you became a member.

Recurring Card Payments

If you elect to pay recurring payments using a credit or debit card then we will take payment as soon as you complete the application online and then subsequently on the anniversary of the date that you became a member, as long as we still retain valid card details on file. A membership renewal notice will be sent out approximately one month prior to renewal which will allow you to cancel your membership if required.

Cooling off period / Distance Selling Regulations

You agree that because we start to provide membership services immediately following acceptance of your payment, you have no right to cancel your subscription under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or similar legislation which amends or replaces it.

Renewals and Cancellations

This contract of membership is a rolling contract which will automatically continue upon the anniversary of the date that you became a member, subject to us accepting payment of your membership fee for the membership term in accordance with these terms and conditions.

We will send you a membership renewal notice in advance of the anniversary of the date that you became a member, informing you of your entitlement to cancel your membership and of any changes to your direct debit or recurring card payment (if applicable). If you have opted to pay your membership fee by direct debit or recurring card payment, we will automatically collect payment, unless you notify your bank/building society or your card provider that you wish to cancel the payment.

At the point of renewal of your membership, our collection of your payment is confirmation of the continuation of this contract for the subsequent membership term.

If you wish to cancel your membership, you must inform us in writing of your intention to cancel at least 10 working days prior to the anniversary of the date that you became a member or your membership will be automatically renewed immediately upon expiry of the current contract period.

If you have opted to pay by monthly direct debit for a one-year membership term, you must pay the full balance due on request.

Lapsed membership

Your membership will lapse at 1800 hours on the day prior to the anniversary of the date that you became a member. So, for example, if you joined on the 10th of the month and opted for a one-year membership term, your membership will lapse on 9th of the month of the following year.

If your membership is renewed within 30 days from the date that it has become lapsed, your membership will be treated as continuous and no re-joining fee will be required. However, claims against Tax Investigation Insurance can only be made if membership is fully paid up at the time the relevant HMRC enquiry or investigation is notified to you. Tax Investigation Insurance is subject to terms and conditions on our website.

If your membership has lapsed more than 30 days after expiry, you must pay a re-joining fee to reactivate your membership.

Ending your membership

You can cancel your membership at any time by letting us know in writing.

You are not entitled to any refund in respect of any unexpired portion of your membership as the membership fee for the relevant period is payable in full and non-refundable, even if you have chosen to pay by monthly instalments. So, for example, if you have subscribed for a one-year membership term by monthly payments and you cancel your subscription after three months, you will remain liable for the remaining nine months due.

Your entitlement to membership benefits will cease on your ending your membership, including but not limited to:

Any right to use any of NLA’s logos or branding under these terms and conditions.

Access to the members’ only area of our website.

Access to your CPD records so please make sure you download them in advance.

Discounts and cashback on services, if applicable

Membership is not transferable.

Membership upgrades

You can upgrade your membership at any time online by logging into our website and clicking on ‘My Profile’ or over the phone by calling 020 7840 8937. If you upgrade, the unexpired balance of your old membership fee will be offset against your new membership fee and the remainder will be payable by you at that point.

Suspension or termination of your membership by us

We may, at our absolute discretion, suspend or terminate your membership either in full or in part and take such other action as we deem appropriate if:

You do anything or omit to do anything which brings or is likely to bring NLA or its name into disrepute.

Your membership fee or any other sum or sums due have not been paid by the due date for payment.

You are in breach of these terms and conditions (including the other documents referred to in them, with the exception of the Code of Practice) provided that where, in our opinion, the breach is remediable you have not acted on our reasonable recommendations to remedy the breach within 7 days of our notifying you to do so.

A complaint is made against you (pending investigation)

You behave abusively towards NLA personnel, whether in person or through correspondence.

At the discretion of the Chief Executive Officer.

In the event that we suspend or terminate your membership for one of the above provisions, the following appeals process will apply:

Set out your reasons for appealing in writing to the Membership Manager

The Membership Manager will forward your appeal to an appeals committee, which shall consist of at least three Board members.

The appeals committee will notify you in writing of their decision, within 7 days of considering your appeal and coming to a decision

The appeals committee’s decision is final

If your membership is terminated under any of the above provisions, you will be disqualified from all other categories of membership of the NLA and you will not be allowed to rejoin subsequently.

We may, at our absolute discretion, re-admit a person who has ceased to be a member by reason of the above provisions. In the case of suspension pending our investigation, your benefits and membership will be reinstated if the investigation clears you of the allegations made.

We may disclose such information to law enforcement authorities as we reasonably feel is necessary and reserve the right to publish the names of members whose membership has been terminated for any of the above reasons.

On suspension or termination of your membership, all your membership benefits shall cease, including but not limited to:

Any right to use any of NLA’s logos or branding under these terms and conditions.

Access to the members’ only area of our website.

Access to your CPD records so please make sure you download them in advance.

Discounts and cashback on services, if applicable

The responses described above are not limited, and we may take any other action we reasonably deem appropriate. Such action may include taking legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs on a solicitor and client basis) resulting from your breach.

We exclude liability for actions taken in response to breaches of these terms and conditions.

For the avoidance of doubt, in the event that it is alleged that you are in breach of the Code of Practice, the complaints process in the Code of Practice will apply.

Telephone Advice Line

The Telephone Advice Line is only available to named Individual, Family, or Business Members.

You are asked to prepare before calling the Telephone Advice Line, having any relevant documents to hand, in order to keep calls brief and focussed. Calls must be related to your own private residential lettings and not in relation to properties managed on behalf of others.

The frequency and or nature of use of the Telephone Advice Line by you will be monitored. Where use is deemed to be excessive and or inappropriate by us, your use of the Telephone Advice Line may be restricted. We define excessive as where the cost to NLA of providing you with advice exceeds 50% of your membership fee.

The telephone advice line is operational on business days between 0800hrs to 1800hrs and Saturdays 0900hrs - 1300hrs. All calls are recorded.

Use of NLA name and logo

As a Member, the NLA grant you a licence to use ‘National Landlords Association’ and the initials NLA (together, “the NLA Name”) and the current NLA Member Logo to tell others that you are a member of the NLA.

You may only use the NLA Name, and the NLA Member Logo, in accordance with these terms and conditions. In particular, you shall not make any representation (via the use of the NLA Name or the NLA Member Logo or otherwise) that you have any relationship with the NLA other than that you are a member of it.

You may use the NLA Name, and the NLA Member Logo, solely in connection with your business as a private residential landlord, for the letting of your own private residential accommodation in the UK, and not in relation to any other business interest or activity, including but not limited to being a letting agent and or managing agent. You must not amend or manipulate the NLA Member Logo in any way, and may only use it in accordance with the brand guidelines. These are available here.

You shall not incorporate any NLA Name or NLA Member Logo in your business or trading name(s) or any other name or trademark used in conjunction with your business.

You recognise that the NLA owns the NLA Name and the NLA Member Logo including any goodwill and other rights associated with them. You may not permit or sublicense anyone else to use the NLA Name or the NLA Member Logo.

You must not do anything, or fail to do anything, which risks bringing the NLA into disrepute. This includes, but is not limited to, acts committed or omissions made whilst using the NLA Name and the NLA Member Logo.

If you become aware of anyone making unauthorised use the NLA Name or the NLA Member Logo or otherwise passing themselves off as either the NLA or a member of it, you shall immediately notify the NLA and provide it with full details. You acknowledge that the NLA has the sole right to take action against any infringement and that any damages recovered shall belong to the NLA.

If your membership ceases or is suspended, you must immediately cease use of the NLA Name, the NLA Member Logo, and any similar marks or elements, and must not represent in any way that you are or were a member of the NLA.

If you are an Accredited Landlord, you will also be entitled to use the Accredited Landlord logo, subject to the separate terms and conditions.

Data Protection and use of Personal Data

NLA is committed to respecting your privacy and protecting the information you provide us about you. We hold and process information about you in accordance with our privacy policy.

You warrant that all information provided by you (as part of the membership registration process or otherwise) is correct, accurate and not misleading.

All members who are landlords are reminded of their obligation to keep all information about their tenants secure and confidential.

Limitation of our liability

Every effort is made to ensure the accuracy of our newsletters, advice, library articles and any other journals or publications as we may make available to our members from time to time; however, neither we nor the authors can accept liability for errors and omissions within them.

The tenancy agreements and or other related forms accessible via the NLA Forms service on our website are template documents based on accepted good practice. We believe that they are compliant with the relevant laws at the time of publication. However, they are no substitute for specific legal advice, which should be taken before reliance, adaptation or use.

In circumstances where you suffer loss or damage arising out of or in connection with any membership benefit or the provision of any products or services offered by us or third-party organisations through our website or otherwise (whether by virtue of being a member or not), to the extent permitted by law, we, other members of our group of companies and third parties connected to us accept no liability for this loss or damage and hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

Any liability for any direct, indirect or consequential loss or damage incurred by any person in connection with any membership benefit or products and services offered including, without limitation any liability for:

loss of income or revenue;

loss of business;

loss of profits or contracts;

loss of anticipated savings;

loss of data;

loss of goodwill;

wasted management or office time; and

any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Notwithstanding the above, if we are liable to you for any reason, our liability will be limited to £100.

These terms and conditions do not and shall not affect your statutory rights as a consumer.

General

Entire Agreement

These terms and conditions override any other contrary terms or conditions in relation to any membership subscription between you and us.

Variation

We reserve the right to change the benefits that apply to your membership or these terms and conditions at any time but will endeavour to provide you with at least 14 days notice.

If you do not accept the proposed variation, you may terminate your membership within that notice period without penalty by letting us know in writing by post or email. If you serve us notice terminating your membership within the required period, we will refund you in respect of the unspent part of your membership fee, which we will pay you within 30 days.

Otherwise, if you do not serve us with the required notice within the required period, the varied benefits and/or terms and conditions will become binding on you on expiry of the 14 day period.

Third parties

A person who is not party to these terms and conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999, except that any person who suffers loss as a result of or arising from any posting or other contribution you make on our website shall be entitled to enforce these terms and conditions against you directly.

Governing Law and Jurisdiction

These terms and conditions are governed by English law. You hereby irrevocably submit to the exclusive jurisdiction of the English courts notwithstanding the jurisdiction where you are based.

Force Majeure

Neither party shall be liable to the other for any delay or non-performance of its obligations by reason of matters beyond its control including, but not limited to, any act of terrorism, war, riot, civil commotion, compliance with any law or government order, fire, flood or storm, strikes, or any other industrial dispute, delay in transit, power failure, postal delay, or any event that cannot be reasonably be planned for or avoided.

We aim to provide an excellent service to all our members and customers and to make reasonable endeavours to ensure that you are satisfied with the service that you receive. If we fail to meet your expectations, please do tell us.